Connecticut 2011 Regular Session

Connecticut Senate Bill SB01035 Compare Versions

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1-General Assembly Substitute Bill No. 1035
2-January Session, 2011 *_____SB01035JUD___041311____*
1+General Assembly Raised Bill No. 1035
2+January Session, 2011 LCO No. 3075
3+ *03075_______JUD*
4+Referred to Committee on Judiciary
5+Introduced by:
6+(JUD)
37
48 General Assembly
59
6-Substitute Bill No. 1035
10+Raised Bill No. 1035
711
812 January Session, 2011
913
10-*_____SB01035JUD___041311____*
14+LCO No. 3075
1115
12-AN ACT REVISING THE PENALTY FOR CAPITAL FELONIES.
16+*03075_______JUD*
17+
18+Referred to Committee on Judiciary
19+
20+Introduced by:
21+
22+(JUD)
23+
24+AN ACT REPEALING THE DEATH PENALTY.
1325
1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
1527
16-Section 1. Section 53a-54b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to crimes committed on or after said date):
28+Section 1. (NEW) (Effective from passage) Notwithstanding any other provision of law including, but not limited to, subsections (t) and (u) of section 1-1 of the general statutes, section 54-130a of the general statutes, as amended by this act, and section 54-194 of the general statutes, (1) the sentence of any person convicted of a capital felony and sentenced prior to the effective date of this section to a sentence of death in accordance with section 53a-46a of the general statutes in effect prior to the effective date of this section is commuted to a sentence of life imprisonment without the possibility of release, as defined in section 53a-35b of the general statutes, as amended by this act, on the effective date of this section, and (2) the punishment or penalty for any person who (A) is convicted prior to, on or after the effective date of this section of a capital felony committed prior to the effective date of this section, and (B) is sentenced or resentenced on or after the effective date of this section, shall be a sentence of life imprisonment without the possibility of release, as defined in section 53a-35b of the general statutes, as amended by this act, if such offense was committed on or after October 1, 1985, and a sentence of life imprisonment, as defined in section 53a-35b of the general statutes, as amended by this act, if such offense was committed prior to October 1, 1985. For the purposes of this section, "capital felony" means a violation of section 53a-54b of the general statutes in effect prior to the effective date of this section.
29+
30+Sec. 2. Section 53a-54b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
1731
1832 A person is guilty of [a capital felony] murder with special circumstances who is convicted of any of the following: (1) Murder of a member of the Division of State Police within the Department of Public Safety or of any local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal who is exercising authority granted under any provision of the general statutes, a judicial marshal in performance of the duties of a judicial marshal, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, a conservation officer or special conservation officer appointed by the Commissioner of Environmental Protection under the provisions of section 26-5, an employee of the Department of Correction or a person providing services on behalf of said department when such employee or person is acting within the scope of such employee's or person's employment or duties in a correctional institution or facility and the actor is confined in such institution or facility, or any firefighter, while such victim was acting within the scope of such victim's duties; (2) murder committed by a defendant who is hired to commit the same for pecuniary gain or murder committed by one who is hired by the defendant to commit the same for pecuniary gain; (3) murder committed by one who has previously been convicted of intentional murder or of murder committed in the course of commission of a felony; (4) murder committed by one who was, at the time of commission of the murder, under sentence of life imprisonment; (5) murder by a kidnapper of a kidnapped person during the course of the kidnapping or before such person is able to return or be returned to safety; (6) murder committed in the course of the commission of sexual assault in the first degree; (7) murder of two or more persons at the same time or in the course of a single transaction; or (8) murder of a person under sixteen years of age.
1933
20-Sec. 2. Section 53a-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
34+Sec. 3. Section 53a-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
2135
22-For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and, unless the section of the general statutes that defines the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) (A) For a capital felony committed prior to the effective date of this section under section 53a-54b in effect prior to the effective date of this section, a term of life imprisonment without the possibility of release unless a sentence of death is imposed in accordance with section 53a-46a, as amended by this act, or (B) for the class A felony of murder with special circumstances committed on or after the effective date of this section under section 53a-54b in effect on or after the effective date of this act, a term of life imprisonment without the possibility of release; (2) for the class A felony of murder, a term not less than twenty-five years nor more than life; (3) for the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term not less than twenty-five years or more than fifty years; (4) for a class A felony other than an offense specified in subdivision (2) or (3) of this section, a term not less than ten years nor more than twenty-five years; (5) for the class B felony of manslaughter in the first degree with a firearm under section 53a-55a, a term not less than five years nor more than forty years; (6) for a class B felony other than manslaughter in the first degree with a firearm under section 53a-55a, a term not less than one year nor more than twenty years; (7) for a class C felony, a term not less than one year nor more than ten years; (8) for a class D felony, a term not less than one year nor more than five years; and (9) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.
36+For any felony committed on or after [July 1, 1981] the effective date of this section, the sentence of imprisonment shall be a definite sentence and, unless the section of the general statutes that defines the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) For [a capital felony] the class A felony of murder with special circumstances, a term of life imprisonment without the possibility of release; [unless a sentence of death is imposed in accordance with section 53a-46a;] (2) for the class A felony of murder, a term not less than twenty-five years nor more than life; (3) for the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term not less than twenty-five years or more than fifty years; (4) for a class A felony other than an offense specified in subdivision (2) or (3) of this section, a term not less than ten years nor more than twenty-five years; (5) for the class B felony of manslaughter in the first degree with a firearm under section 53a-55a, a term not less than five years nor more than forty years; (6) for a class B felony other than manslaughter in the first degree with a firearm under section 53a-55a, a term not less than one year nor more than twenty years; (7) for a class C felony, a term not less than one year nor more than ten years; (8) for a class D felony, a term not less than one year nor more than five years; and (9) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.
2337
24-Sec. 3. Section 53a-35b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
38+Sec. 4. Section 53a-35b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
2539
26-A sentence of [imprisonment for life shall mean] life imprisonment means a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release, imposed pursuant to [subsection (g) of section 53a-46a] subparagraph (A) or (B) of subdivision (1) of section 53a-35a, as amended by this act, in which case the sentence shall be imprisonment for the remainder of the defendant's natural life.
40+[A] For the purposes of this title and titles 51 and 54, (1) a sentence of [imprisonment for life shall mean] life imprisonment means a definite sentence of sixty years, [unless the] and (2) a sentence [is] of life imprisonment without the possibility of release, imposed pursuant to [subsection (g) of section 53a-46a, in which case the sentence shall be] subdivision (1) of section 53a-35a, as amended by this act, means imprisonment for the remainder of the defendant's natural life without the possibility of parole, sentence reduction, temporary leave, furlough or any other kind of post-conviction conditional or absolute release.
2741
28-Sec. 4. Subsection (a) of section 53a-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
42+Sec. 5. Subsection (a) of section 53a-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
2943
30-(a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony committed prior to the effective date of this section, punishable in accordance with subparagraph (A) of subdivision (1) of section 53a-35a, as amended by this act, murder with special circumstances committed on or after the effective date of this section, punishable as a class A felony in accordance with subparagraph (B) of subdivision (1) of section 53a-35a, as amended by this act, or murder under section 53a-54d.
44+(a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a, as amended by this act, unless it is [a capital felony] murder with special circumstances under section 53a-54b, as amended by this act, punishable as a class A felony in accordance with subdivision (1) of section 53a-35a, as amended by this act, or murder under section 53a-54d.
3145
32-Sec. 5. Subsection (a) of section 53a-46a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
46+Sec. 6. Subsection (c) of section 53a-54a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
3347
34-(a) A person shall be subjected to the penalty of death for a capital felony committed prior to the effective date of this section under section 53a-54b in effect prior to the effective date of this section only if a hearing is held in accordance with the provisions of this section.
48+(c) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a, as amended by this act, unless it is [a capital felony] murder with special circumstances under section 53a-54b, as amended by this act, punishable as a class A felony in accordance with subdivision (1) of section 53a-35a, as amended by this act, or murder under section 53a-54d.
3549
36-Sec. 6. Subsection (a) of section 53a-46b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
50+Sec. 7. Subdivision (2) of subsection (j) of section 10-145b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
3751
38-(a) Any sentence of death imposed in accordance with the provisions of section 53a-46a, as amended by this act, shall be reviewed by the Supreme Court pursuant to its rules. In addition to its authority to correct errors at trial, the Supreme Court shall either affirm the sentence of death or vacate said sentence and remand for imposition of a sentence in accordance with subparagraph (A) of subdivision (1) of section 53a-35a, as amended by this act.
52+(2) When the Commissioner of Education is notified, pursuant to section 10-149a or 17a-101i, that a person holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, as amended by this act, has been convicted of (A) a capital felony, pursuant to section 53a-54b in effect prior to the effective date of this section, (B) arson murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a crime involving an act of child abuse or neglect as described in section 46b-120, or (F) a violation of section 53-21, 53-37a, 53a-49, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, any certificate, permit or authorization issued by the State Board of Education and held by such person shall be deemed revoked and the commissioner shall notify such person of such revocation, provided such person may request reconsideration pursuant to regulations adopted by the State Board of Education, in accordance with the provisions of chapter 54. As part of such reconsideration process, the board shall make the initial determination as to whether to uphold or overturn the revocation. The commissioner shall make the final determination as to whether to uphold or overturn the revocation.
3953
40-Sec. 7. Subsection (c) of section 53a-54a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
54+Sec. 8. Section 10-145i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
4155
42-(c) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a, as amended by this act, unless it is a capital felony committed prior to the effective date of this section, punishable in accordance with subparagraph (A) of subdivision (1) of section 53a-35a, as amended by this act, murder with special circumstances committed on or after the effective date of this section, punishable as a class A felony in accordance with subparagraph (B) of subdivision (1) of section 53a-35a, as amended by this act, or murder under section 53a-54d.
56+Notwithstanding the provisions of sections 10-144o to 10-146b, inclusive, as amended by this act, and 10-149, the State Board of Education shall not issue or reissue any certificate, authorization or permit pursuant to said sections if (1) the applicant for such certificate, authorization or permit has been convicted of any of the following: (A) A capital felony, as defined in section 53a-54b in effect prior to the effective date of this section; (B) arson murder, as defined in section 53a-54d; (C) any class A felony; (D) any class B felony except a violation of section 53a-122, 53a-252 or 53a-291; (E) a crime involving an act of child abuse or neglect as described in section 46b-120; or (F) a violation of section 53-21, 53-37a, 53a-49, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of subsection (a) of section 21a-277, and (2) the applicant completed serving the sentence for such conviction within the five years immediately preceding the date of the application.
4357
44-Sec. 8. Subdivision (2) of subsection (j) of section 10-145b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
58+Sec. 9. Subsection (f) of section 45a-318 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
4559
46-(2) When the Commissioner of Education is notified, pursuant to section 10-149a or 17a-101i, that a person holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, pursuant to section 53a-54b in effect prior to the effective date of this section, (B) arson murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a crime involving an act of child abuse or neglect as described in section 46b-120, or (F) a violation of section 53-21, 53-37a, 53a-49, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, any certificate, permit or authorization issued by the State Board of Education and held by such person shall be deemed revoked and the commissioner shall notify such person of such revocation, provided such person may request reconsideration pursuant to regulations adopted by the State Board of Education, in accordance with the provisions of chapter 54. As part of such reconsideration process, the board shall make the initial determination as to whether to uphold or overturn the revocation. The commissioner shall make the final determination as to whether to uphold or overturn the revocation.
47-
48-Sec. 9. Section 10-145i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
49-
50-Notwithstanding the provisions of sections 10-144o to 10-146b, inclusive, and 10-149, the State Board of Education shall not issue or reissue any certificate, authorization or permit pursuant to said sections if (1) the applicant for such certificate, authorization or permit has been convicted of any of the following: (A) A capital felony, as defined in section 53a-54b in effect prior to the effective date of this section; (B) arson murder, as defined in section 53a-54d; (C) any class A felony; (D) any class B felony except a violation of section 53a-122, 53a-252 or 53a-291; (E) a crime involving an act of child abuse or neglect as described in section 46b-120; or (F) a violation of section 53-21, 53-37a, 53a-49, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of subsection (a) of section 21a-277, and (2) the applicant completed serving the sentence for such conviction within the five years immediately preceding the date of the application.
60+(f) This section shall not (1) apply to the disposition of the body of a deceased person under the provisions of [sections 19a-270 and 54-102] section 19a-270, (2) affect the powers and duties of the Chief Medical Examiner under the provisions of sections 19a-406 to 19a-408, inclusive, or (3) affect the making of anatomical gifts under the provisions of sections 14-42 and 19a-289 to 19a-289v, inclusive.
5161
5262 Sec. 10. Subsection (a) of section 46b-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
5363
5464 (a) The court shall automatically transfer from the docket for juvenile matters to the regular criminal docket of the Superior Court the case of any child charged with the commission of a capital felony under section 53a-54b in effect prior to the effective date of this section, a class A or B felony or a violation of section 53a-54d, provided such offense was committed after such child attained the age of fourteen years and counsel has been appointed for such child if such child is indigent. Such counsel may appear with the child but shall not be permitted to make any argument or file any motion in opposition to the transfer. The child shall be arraigned in the regular criminal docket of the Superior Court at the next court date following such transfer, provided any proceedings held prior to the finalization of such transfer shall be private and shall be conducted in such parts of the courthouse or the building wherein court is located as shall be separate and apart from the other parts of the court which are then being held for proceedings pertaining to adults charged with crimes. The file of any case so transferred shall remain sealed until the end of the tenth working day following such arraignment unless the state's attorney has filed a motion pursuant to this subsection, in which case such file shall remain sealed until the court makes a decision on the motion. A state's attorney may, not later than ten working days after such arraignment, file a motion to transfer the case of any child charged with the commission of a class B felony or a violation of subdivision (2) of subsection (a) of section 53a-70 to the docket for juvenile matters for proceedings in accordance with the provisions of this chapter. The court sitting for the regular criminal docket shall, after hearing and not later than ten working days after the filing of such motion, decide such motion.
5565
5666 Sec. 11. Subsection (a) of section 46b-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
5767
5868 (a) Nothing in this part shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges in the manner provided by section 54-2a, as amended by this act, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process appears imperative. Whenever a child is arrested and charged with a crime, such child may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of section 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony under section 53a-54b in effect prior to the effective date of this section or class A felony may be disclosed to the public.
5969
60-Sec. 12. Subsection (c) of section 51-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
70+Sec. 12. Subsection (b) of section 51-10c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
71+
72+(b) The commission shall:
73+
74+(1) Develop and recommend policies for reducing the number of African-Americans and Latinos comprising the pretrial and sentenced population of correctional facilities and reducing the number of African-Americans and Latinos who are victimized by crime;
75+
76+(2) Examine the impact of statutory provisions and current administrative policies on racial and ethnic disparity in the criminal justice system and recommend legislation to the Governor and the General Assembly to reduce such disparity;
77+
78+(3) Research and gather relevant statistical data and other information concerning the impact of disparate treatment of African-Americans and Latinos in the criminal justice system;
79+
80+(4) Develop and recommend a training program for personnel in agencies involved in the criminal justice system concerning the impact of disparate treatment of African-Americans and Latinos;
81+
82+(5) Research and examine the issue of the use of guidelines by courts when sentencing criminal defendants and recommend whether the General Assembly should create a sentencing guidelines commission to establish sentencing guidelines for state courts;
83+
84+[(6) Examine the implementation of policies and procedures that are consistent with policies of the American Bar Association intended to ensure that death penalty cases are administered fairly and impartially in accordance with due process, to minimize the risk that innocent persons may be executed and to eliminate discrimination in capital sentencing on the basis of the race of either the victim or the defendant;]
85+
86+[(7)] (6) Annually prepare and distribute a comprehensive plan to reduce racial and ethnic disparity in the criminal justice system without affecting public safety;
87+
88+[(8)] (7) Develop and recommend policies and interventions to reduce the number of African-Americans and Latinos in the juvenile justice system;
89+
90+[(9)] (8) Analyze the key stages in the juvenile justice system to determine if any stage disproportionately affects racial or ethnic minorities including the decision to arrest a juvenile, the decision to turn a juvenile over to a detention center, the decision to nonjudicially dispose of the case or to file a petition of delinquency, and the decision to resolve the case by placement on probation, placement in a residential facility or placement at Long Lane School or the Connecticut Juvenile Training School;
91+
92+[(10)] (9) Annually prepare and distribute a juvenile justice plan having as its goal the reduction of the number of African-Americans and Latinos in the juvenile justice system, which plan shall include the development of standard risk assessment policies and a system of impartial review, culturally appropriate diversion programs for minority juveniles accused of nonviolent felonies, intensive in-home services to families of pretrial delinquents and youths on probation, school programs for juveniles being transferred from detention centers, Long Lane School or the Connecticut Juvenile Training School, the recruitment of minority employees to serve at all levels of the juvenile justice system, the utilization of minority juvenile specialists to guide minority juvenile offenders and their families through the juvenile justice system, and community service options in lieu of detention for juveniles arrested for nonserious offenses;
93+
94+[(11)] (10) Develop a curriculum for training of all employees at all levels of the juvenile justice system on issues of cultural competency and strategies to address disproportionate minority confinement;
95+
96+[(12)] (11) Submit an annual report to the Governor and the General Assembly concerning:
97+
98+(A) The number of African-Americans and Latinos comprising the pretrial and sentenced population of correctional facilities;
99+
100+(B) The progress being made toward reducing the number of African-Americans and Latinos comprising the pretrial and sentenced population of correctional facilities;
101+
102+(C) The adequacy of legal representation for indigent defendants;
103+
104+(D) The adequacy of the number of residential and nonresidential treatment slots available for African-Americans and Latinos;
105+
106+(E) The adequacy of the number of court interpreters; and
107+
108+(F) Such other information as the commission deems appropriate.
109+
110+Sec. 13. Subsection (c) of section 51-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
61111
62112 (c) (1) In any case in which a person has been convicted of a felony, other than a capital felony under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section, the official records of evidence or judicial proceedings in the court may be destroyed upon the expiration of twenty years from the date of imposition of the sentence in such case or upon the expiration of the sentence imposed upon such person, whichever is later.
63113
64114 (2) In any case in which a person has been convicted after trial of a capital felony under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section, the official records of evidence or judicial proceedings in the court may be destroyed upon the expiration of seventy-five years from the date of imposition of the sentence in such case.
65115
66116 (3) In any case in which a person has been found not guilty, or in any case that has been dismissed or was not prosecuted, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of ninety days from the date of final disposition of such case, unless a prior disposition of such exhibits has been ordered pursuant to section 54-36a. In any case in which a nolle has been entered, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of thirteen months from the date of final disposition of such case. Not less than thirty days prior to the scheduled destruction or disposal of exhibits under this subdivision, the clerk of the court shall send notice to all parties and any party may request a hearing on the issue of such destruction or disposal before the court in which the matter is pending.
67117
68118 (4) In any case in which a person has been convicted of a misdemeanor or has been adjudicated a youthful offender, the court may order the destruction or disposal of all exhibits entered in such case upon the expiration of ten years from the date of imposition of the sentence in such case or upon the expiration of the sentence imposed on such person, whichever is later, unless a prior disposition of such exhibits has been ordered pursuant to section 54-36a. Not less than thirty days prior to the scheduled destruction or disposal of exhibits under this subdivision, the clerk of the court shall send notice to all parties and any party may request a hearing on the issue of such destruction or disposal before the court in which the matter is pending.
69119
70120 (5) In any case in which a person is charged with multiple offenses, no destruction or disposal of exhibits may be ordered under this subsection until the longest applicable retention period under this subsection has expired. The provisions of this subdivision and subdivisions (3), (4) and (6) of this subsection shall apply to any criminal or motor vehicle case disposed of before, on or after October 1, 2006.
71121
72122 (6) The retention period for the official records of evidence and exhibits in any habeas corpus proceeding, petition for a new trial or other proceeding arising out of a criminal case in which a person has been convicted shall be the same as the applicable retention period under this subsection for the criminal case from which such proceeding or petition arose.
73123
74124 (7) For the purposes of this subsection, "sentence" includes any period of incarceration, parole, special parole or probation.
75125
76-Sec. 13. Subsection (b) of section 51-199 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
126+Sec. 14. Subsection (b) of section 51-199 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
77127
78-(b) The following matters shall be taken directly to the Supreme Court: (1) Any matter brought pursuant to the original jurisdiction of the Supreme Court under section 2 of article sixteen of the amendments to the Constitution; (2) an appeal in any matter where the Superior Court declares invalid a state statute or a provision of the state Constitution; (3) an appeal in any criminal action involving a conviction for a capital felony under section 53a-54b in effect prior to the effective date of this section, class A felony [,] or any other felony, including any persistent offender status, for which the maximum sentence which may be imposed exceeds twenty years; (4) review of a sentence of death pursuant to section 53a-46b, as amended by this act; (5) any election or primary dispute brought to the Supreme Court pursuant to section 9-323 or 9-325; (6) an appeal of any reprimand or censure of a probate judge pursuant to section 45a-65; (7) any matter regarding judicial removal or suspension pursuant to section 51-51j; (8) an appeal of any decision of the Judicial Review Council pursuant to section 51-51r; (9) any matter brought to the Supreme Court pursuant to section 52-265a; (10) writs of error; and (11) any other matter as provided by law.
128+(b) The following matters shall be taken directly to the Supreme Court: (1) Any matter brought pursuant to the original jurisdiction of the Supreme Court under section 2 of article sixteen of the amendments to the Constitution; (2) an appeal in any matter where the Superior Court declares invalid a state statute or a provision of the state Constitution; (3) an appeal in any criminal action involving a conviction for a capital felony [,] under section 53a-54b in effect prior to the effective date of this section, a class A felony [,] or any other felony, including any persistent offender status, for which the maximum sentence which may be imposed exceeds twenty years; [(4) review of a sentence of death pursuant to section 53a-46b; (5)] (4) any election or primary dispute brought to the Supreme Court pursuant to section 9-323 or 9-325; [(6)] (5) an appeal of any reprimand or censure of a probate judge pursuant to section 45a-65; [(7)] (6) any matter regarding judicial removal or suspension pursuant to section 51-51j; [(8)] (7) an appeal of any decision of the Judicial Review Council pursuant to section 51-51r; [(9)] (8) any matter brought to the Supreme Court pursuant to section 52-265a; [(10)] (9) writs of error; and [(11)] (10) any other matter as provided by law.
79129
80-Sec. 14. Section 51-246 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
130+Sec. 15. Section 51-246 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
81131
82-In the trial of any [capital case or any case involving imprisonment for life] case involving a crime punishable by death, life imprisonment without the possibility of release or life imprisonment, the court may, in its discretion, require the jury to remain together in the charge of judicial marshals during the trial and until the jury is discharged by the court from further consideration of the case.
132+In the trial of any [capital case or any case involving imprisonment for life] case involving a crime punishable by life imprisonment or life imprisonment without the possibility of release, the court may, in its discretion, require the jury to remain together in the charge of judicial marshals during the trial and until the jury is discharged by the court from further consideration of the case.
83133
84-Sec. 15. Section 51-286c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
134+Sec. 16. Section 51-286c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
85135
86-The state's attorney for any judicial district may employ one or more detectives to investigate for the purpose of discovering the perpetrators of any crime committed within this state, whenever the penalty for such crime is capital punishment, [or imprisonment in the Connecticut Correctional Institution, Somers] life imprisonment without the possibility of release or life imprisonment. The expenses incurred in the employment of such detectives shall be paid from the State Treasury on an order from the state's attorney employing them.
136+The state's attorney for any judicial district may employ one or more detectives to investigate for the purpose of discovering the perpetrators of any crime committed within this state, whenever the penalty for such crime is [capital punishment or imprisonment in the Connecticut Correctional Institution, Somers] life imprisonment or life imprisonment without the possibility of release. The expenses incurred in the employment of such detectives shall be paid from the State Treasury on an order from the state's attorney employing them.
87137
88-Sec. 16. Subdivision (1) of subsection (a) of section 52-434 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
138+Sec. 17. Subdivision (1) of subsection (a) of section 52-434 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
89139
90-(1) Each judge of the Supreme Court, each judge of the Appellate Court, each judge of the Superior Court and each judge of the Court of Common Pleas who ceases or has ceased to hold office because of retirement other than under the provisions of section 51-49 and who is an elector and a resident of this state shall be a state referee for the remainder of such judge's term of office as a judge and shall be eligible for appointment as a state referee during the remainder of such judge's life in the manner prescribed by law for the appointment of a judge of the court of which such judge is a member. The Superior Court may refer any civil, nonjury case or with the written consent of the parties or their attorneys, any civil jury case pending before the court in which the issues have been closed to a judge trial referee who shall have and exercise the powers of the Superior Court in respect to trial, judgment and appeal in the case, and any proceeding resulting from a demand for a trial de novo pursuant to subsection (e) of section 52-549z may be referred without the consent of the parties to a judge trial referee who has been specifically designated to hear such proceedings pursuant to subsection (b) of this section. The Superior Court may, with the consent of the parties or their attorneys, refer any criminal case to a judge trial referee who shall have and exercise the powers of the Superior Court in respect to trial, judgment, sentencing and appeal in the case, except that the Superior Court may, without the consent of the parties or their attorneys, (A) refer any criminal case, other than a criminal jury trial, to a judge trial referee assigned to a geographical area criminal court session, and (B) refer any criminal case, other than a class A or B felony or capital felony under section 53a-54b in effect prior to the effective date of this section, to a judge trial referee to preside over the jury selection process and any voir dire examination conducted in such case, unless good cause is shown not to refer.
140+(a) (1) Each judge of the Supreme Court, each judge of the Appellate Court, each judge of the Superior Court and each judge of the Court of Common Pleas who ceases or has ceased to hold office because of retirement other than under the provisions of section 51-49 and who is an elector and a resident of this state shall be a state referee for the remainder of such judge's term of office as a judge and shall be eligible for appointment as a state referee during the remainder of such judge's life in the manner prescribed by law for the appointment of a judge of the court of which such judge is a member. The Superior Court may refer any civil, nonjury case or with the written consent of the parties or their attorneys, any civil jury case pending before the court in which the issues have been closed to a judge trial referee who shall have and exercise the powers of the Superior Court in respect to trial, judgment and appeal in the case, and any proceeding resulting from a demand for a trial de novo pursuant to subsection (e) of section 52-549z may be referred without the consent of the parties to a judge trial referee who has been specifically designated to hear such proceedings pursuant to subsection (b) of this section. The Superior Court may, with the consent of the parties or their attorneys, refer any criminal case to a judge trial referee who shall have and exercise the powers of the Superior Court in respect to trial, judgment, sentencing and appeal in the case, except that the Superior Court may, without the consent of the parties or their attorneys, (A) refer any criminal case, other than a criminal jury trial, to a judge trial referee assigned to a geographical area criminal court session, and (B) refer any criminal case, other than a class A or B felony or capital felony under section 53a-54b in effect prior to the effective date of this section, to a judge trial referee to preside over the jury selection process and any voir dire examination conducted in such case, unless good cause is shown not to refer.
91141
92-Sec. 17. Subsection (b) of section 53a-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
142+Sec. 18. Section 53-202b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
93143
94-(b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C, (4) class D, (5) unclassified and (6) capital felonies under section 53a-54b in effect prior to the effective date of this section.
144+(a) (1) Any person who, within this state, distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon, except as provided by sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a,] shall be guilty of a class C felony and shall be sentenced to a term of imprisonment of which two years may not be suspended or reduced.
95145
96-Sec. 18. Subsection (a) of section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
146+(2) Any person who transfers, sells or gives any assault weapon to a person under eighteen years of age in violation of subdivision (1) of this subsection shall be sentenced to a term of imprisonment of six years, which shall not be suspended or reduced and shall be in addition and consecutive to the term of imprisonment imposed under subdivision (1) of this subsection.
147+
148+(b) The provisions of subsection (a) of this section shall not apply to:
149+
150+(1) The sale of assault weapons to the Department of Public Safety, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties;
151+
152+(2) A person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d which is disposed of as authorized by the Probate Court, if the disposition is otherwise permitted by sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act; [, and subsection (h) of section 53a-46a;]
153+
154+(3) The transfer by bequest or intestate succession of an assault weapon for which a certificate of possession has been issued under section 53-202d.
155+
156+Sec. 19. Section 53-202c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
157+
158+(a) Except as provided in section 53-202e, any person who, within this state, possesses any assault weapon, except as provided in sections 29-37j, 53-202a to 53-202k, inclusive, and 53-202o, [and subsection (h) of section 53a-46a,] shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced; except that a first-time violation of this subsection shall be a class A misdemeanor if (1) the person presents proof that he lawfully possessed the assault weapon prior to October 1, 1993, and (2) the person has otherwise possessed the firearm in compliance with subsection (d) of section 53-202d.
159+
160+(b) The provisions of subsection (a) of this section shall not apply to the possession of assault weapons by members or employees of the Department of Public Safety, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a] prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties.
161+
162+(c) The provisions of subsection (a) of this section shall not apply to the possession of an assault weapon by any person prior to July 1, 1994, if all of the following are applicable:
163+
164+(1) The person is eligible under sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a] to apply for a certificate of possession for the assault weapon by July 1, 1994;
165+
166+(2) The person lawfully possessed the assault weapon prior to October 1, 1993; and
167+
168+(3) The person is otherwise in compliance with sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act. [and subsection (h) of section 53a-46a.]
169+
170+(d) The provisions of subsection (a) of this section shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d, if the assault weapon is possessed at a place set forth in subdivision (1) of subsection (d) of section 53-202d or as authorized by the Probate Court.
171+
172+Sec. 20. Subsections (c) and (d) of section 53-202f of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
173+
174+(c) (1) Any licensed gun dealer, as defined in subsection (d) of this section, may take possession of any assault weapon for the purposes of servicing or repair from any person to whom has been issued a certificate of possession for such weapon pursuant to sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act. [and subsection (h) of section 53a-46a.]
175+
176+(2) Any licensed gun dealer may transfer possession of any assault weapon received pursuant to subdivision (1) of this subsection, to a gunsmith for purposes of accomplishing service or repair of the same. Transfers are permissible only to the following persons:
177+
178+(A) A gunsmith who is in the dealer's employ;
179+
180+(B) A gunsmith with whom the dealer has contracted for gunsmithing services, provided the gunsmith receiving the assault weapon holds a dealer's license issued pursuant to Chapter 44, commencing with Section 921, of Title 18 of the United States Code and the regulations issued pursuant thereto.
181+
182+(d) The term "licensed gun dealer", as used in sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a] means a person who has a federal firearms license and a permit to sell firearms pursuant to section 29-28.
183+
184+Sec. 21. Subsection (a) of section 53-202g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
185+
186+(a) Any person who lawfully possesses an assault weapon under sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a] or a firearm, as defined in section 53a-3, that is lost or stolen from such person shall report the loss or theft to the organized local police department for the town in which the loss or theft occurred or, if such town does not have an organized local police department, to the state police troop having jurisdiction for such town within seventy-two hours of when such person discovered or should have discovered the loss or theft. Such department or troop shall forthwith forward a copy of such report to the Commissioner of Public Safety. The provisions of this subsection shall not apply to the loss or theft of an antique firearm as defined in subsection (b) of section 29-37a.
187+
188+Sec. 22. Section 53-202i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
189+
190+Nothing in sections 29-37j and 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a] shall be construed to prohibit any person, firm or corporation engaged in the business of manufacturing assault weapons in this state from manufacturing or transporting assault weapons in this state for sale within this state in accordance with subdivision (1) of subsection (b) of section 53-202b, as amended by this act, or for sale outside this state.
191+
192+Sec. 23. Subsection (b) of section 53a-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
193+
194+(b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C, (4) class D, and (5) unclassified. [and (6) capital felonies.]
195+
196+Sec. 24. Subsection (b) of section 53a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
197+
198+(b) [Except as provided in section 53a-46a, when] Whenever a person is convicted of an offense, the court shall impose one of the following sentences: (1) A term of imprisonment; or (2) a sentence authorized by section 18-65a or 18-73; or (3) a fine; or (4) a term of imprisonment and a fine; or (5) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a period of probation or a period of conditional discharge; or (7) a fine and a sentence authorized by section 18-65a or 18-73; or (8) a sentence of unconditional discharge; or (9) a term of imprisonment and a period of special parole as provided in section 54-125e.
199+
200+Sec. 25. Subsection (a) of section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
97201
98202 (a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony under section 53a-54b in effect prior to the effective date of this section, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, register such person's identifying factors, as defined in section 54-250, with the Commissioner of Public Safety when required pursuant to section 54-251, 54-252 or 54-253, as the case may be; (14) be subject to electronic monitoring, which may include the use of a global positioning system; (15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education program; (16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant; or (17) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.
99203
100-Sec. 19. Subsection (a) of section 53a-39a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
204+Sec. 26. Subsection (b) of section 53a-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
205+
206+(b) The maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment; (2) for a class B felony, a term not to exceed twenty years; (3) for a class C felony, a term not to exceed ten years; (4) for a class D felony, a term not to exceed five years; (5) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime; and (6) for a capital felony, life imprisonment. [unless a sentence of death is imposed in accordance with section 53a-46a.]
207+
208+Sec. 27. Subsection (a) of section 53a-39a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
101209
102210 (a) In all cases where a defendant has been convicted of a misdemeanor or a felony, other than a capital felony under section 53a-54b in effect prior to the effective date of this section, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any other offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, after trial or by a plea of guilty without trial, and a term of imprisonment is part of a stated plea agreement or the statutory penalty provides for a term of imprisonment, the court may, in its discretion, order an assessment for placement in an alternate incarceration program under contract with the Judicial Department. If the Court Support Services Division recommends placement in an alternate incarceration program, it shall also submit to the court a proposed alternate incarceration plan. Upon completion of the assessment, the court shall determine whether such defendant shall be ordered to participate in such program as an alternative to incarceration. If the court determines that the defendant shall participate in such program, the court shall suspend any sentence of imprisonment and shall make participation in the alternate incarceration program a condition of probation as provided in section 53a-30, as amended by this act.
103211
104-Sec. 20. Subsection (a) of section 53a-40d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
212+Sec. 28. Subsection (a) of section 53a-40d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
105213
106214 (a) A persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order is a person who (1) stands convicted of assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b or criminal trespass under section 53a-107 or 53a-108, and (2) has, (A) been convicted of a capital felony under section 53a-54b in effect prior to the effective date of this section, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b, or criminal trespass under section 53a-107 or 53a-108, (B) been convicted in any other state of any crime the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision, or (C) been released from incarceration with respect to such conviction.
107215
108-Sec. 21. Section 53a-46d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
109-
110-A victim impact statement prepared with the assistance of a victim advocate to be placed in court files in accordance with subdivision (2) of subsection (a) of section 54-220 may be read in court prior to imposition of sentence upon a defendant found guilty of a crime punishable by death or life imprisonment without the possibility of release.
111-
112-Sec. 22. Subsection (a) of section 53a-182b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
216+Sec. 29. Subsection (a) of section 53a-182b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
113217
114218 (a) A person is guilty of harassment in the first degree when, with the intent to harass, annoy, alarm or terrorize another person, he threatens to kill or physically injure that person or any other person, and communicates such threat by telephone, or by telegraph, mail, computer network, as defined in section 53a-250, or any other form of written communication, in a manner likely to cause annoyance or alarm and has been convicted of a capital felony under section 53a-54b in effect prior to the effective date of this section, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216. For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.
115219
116-Sec. 23. Subsection (a) of section 53a-217d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
220+Sec. 30. Subsection (a) of section 53a-217d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
117221
118222 (a) A person is guilty of criminal possession of body armor when he possesses body armor and has been (1) convicted of a capital felony under section 53a-54b in effect prior to the effective date of this section, a class A felony, except a conviction under section 53a-196a, a class B felony, except a conviction under section 53a-86, 53a-122 or 53a-196b, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153 or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or (2) convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120.
119223
120-Sec. 24. Subsection (b) of section 54-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
224+Sec. 31. Subsection (b) of section 54-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
121225
122-(b) The court, judge or judge trial referee issuing a bench warrant for the arrest of the person or persons complained against shall, in cases punishable by death, life imprisonment without the possibility of release or life imprisonment, set the conditions of release or indicate that the person or persons named in the warrant shall not be entitled to bail and may, in all other cases, set the conditions of release. The conditions of release, if included in the warrant, shall fix the first of the following conditions which the court, judge or judge trial referee finds necessary to assure such person's appearance in court: (1) Written promise to appear; (2) execution of a bond without surety in no greater amount than necessary; or (3) execution of a bond with surety in no greater amount than necessary.
226+(b) The court, judge or judge trial referee issuing a bench warrant for the arrest of the person or persons complained against shall, in cases punishable by [death or] life imprisonment or life imprisonment without the possibility of release, set the conditions of release or indicate that the person or persons named in the warrant shall not be entitled to bail and may, in all other cases, set the conditions of release. The conditions of release, if included in the warrant, shall fix the first of the following conditions which the court, judge or judge trial referee finds necessary to assure such person's appearance in court: (1) Written promise to appear; (2) execution of a bond without surety in no greater amount than necessary; or (3) execution of a bond with surety in no greater amount than necessary.
123227
124-Sec. 25. Subsection (a) of section 54-46a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
228+Sec. 32. Subsection (b) of section 54-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
125229
126-(a) No person charged by the state, who has not been indicted by a grand jury prior to May 26, 1983, shall be put to plea or held to trial for any crime punishable by death, life imprisonment without the possibility of release or life imprisonment unless the court at a preliminary hearing determines there is probable cause to believe that the offense charged has been committed and that the accused person has committed it. The accused person may knowingly and voluntarily waive such preliminary hearing to determine probable cause.
230+(b) No person shall be put to plea or held to trial for any crime the punishment of which may be [death or imprisonment for] life imprisonment, charged by the state before May 26, 1983, unless an indictment has been found against [him] such person for such crime by a grand jury legally impaneled and sworn, and no bill shall be presented by any grand jury unless at least twelve of the jurors agree to it.
127231
128-Sec. 26. Section 54-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
232+Sec. 33. Section 54-46 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
233+
234+For all crimes charged by the state on or after May 26, 1983, the prosecution may be by complaint or information. For all crimes punishable by [death or imprisonment for] life imprisonment charged by the state before May 26, 1983, the prosecution shall be by indictment.
235+
236+Sec. 34. Subsection (a) of section 54-46a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
237+
238+(a) No person charged by the state, who has not been indicted by a grand jury prior to May 26, 1983, shall be put to plea or held to trial for any crime punishable by [death or] life imprisonment or life imprisonment without the possibility of release unless the court at a preliminary hearing determines there is probable cause to believe that the offense charged has been committed and that the accused person has committed it. The accused person may knowingly and voluntarily waive such preliminary hearing to determine probable cause.
239+
240+Sec. 35. Section 54-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
241+
242+When any crime punishable by [death or] imprisonment for more than one year has been committed, the Governor, upon application of the state's attorney for the judicial district in which it has been committed, may offer, publicly, a reward not exceeding fifty thousand dollars, to the person who gives information leading to the arrest and conviction of the guilty person, or, if such guilty person has fled after conviction of a felony in a court of this state, to the person who gives information leading to the arrest and detention of the convicted felon, whether found within the state or elsewhere, which reward shall be paid to the informer by the state, by order of the court before which such conviction is had.
243+
244+Sec. 36. Section 54-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
245+
246+Each person detained in a community correctional center pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for [an offense not punishable by death] any offense shall be entitled to bail and shall be released from such institution upon entering into a recognizance, with sufficient surety, or upon posting cash bail as provided in section 54-66, for the detained person's appearance before the court having cognizance of the offense, to be taken by any person designated by the Commissioner of Correction at the institution where the person is detained. The person so designated shall deliver the recognizance or cash bail to the clerk of the appropriate court before the opening of the court on the first court day thereafter. When cash bail in excess of ten thousand dollars is received for a detained person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the person so designated shall prepare a report that contains (1) the name, address and taxpayer identification number of the detained person, (2) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (3) the amount of cash received, and (4) the date the cash was received. Not later than fifteen days after receipt of such cash bail, the person so designated shall file the report with the Department of Revenue Services and mail a copy of the report to the state's attorney for the judicial district in which the alleged offense was committed and to each person offering the cash bail.
247+
248+Sec. 37. Subsection (a) of section 54-53a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
249+
250+(a) No person who has not made bail may be detained in a community correctional center pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for [an offense not punishable by death,] any offense for longer than forty-five days, unless at the expiration of the forty-five days [he] such person is presented to the court having cognizance of the offense. On each such presentment, the court may reduce, modify or discharge the bail, or may for cause shown remand the person to the custody of the Commissioner of Correction. On the expiration of each successive forty-five-day period, the person may again by motion be presented to the court for such purpose.
251+
252+Sec. 38. Section 54-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
129253
130254 (a) In any criminal case, prosecution or proceeding, the [party] accused may, if [he] the accused so elects when called upon to plead, be tried by the court instead of by the jury; and, in such case, the court shall have jurisdiction to hear and try such case and render judgment and sentence thereon.
131255
132-(b) If the accused is charged with a crime punishable by death, [or imprisonment for] life imprisonment without the possibility of release or life imprisonment and elects to be tried by the court, the court shall be composed of three judges to be designated by the Chief Court Administrator, or [his] the Chief Court Administrator's designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.
256+(b) If the accused is charged with a crime punishable by [death or imprisonment for] life imprisonment or life imprisonment without the possibility of release and elects to be tried by the court, the court shall be composed of three judges to be designated by the Chief Court Administrator, or [his] the Chief Court Administrator's designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.
133257
134-(c) If the [party] accused does not elect to be tried by the court, [he] the accused shall be tried by a jury of six except that no person [,] charged with an offense which is punishable by death, life imprisonment without the possibility of release or life imprisonment, shall be tried by a jury of less than twelve without [his] such person's consent.
258+(c) If the [party] accused does not elect to be tried by the court, [he] the accused shall be tried by a jury of six except that no person [,] charged with an offense which is punishable by [death or] life imprisonment [,] or life imprisonment without the possibility of release shall be tried by a jury of less than twelve without [his] such person's consent.
135259
136-Sec. 27. Section 54-82g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
260+Sec. 39. Section 54-82g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
137261
138-The accused may challenge peremptorily, in any criminal trial before the Superior Court for any offense punishable by death or life imprisonment without the possibility of release, twenty-five jurors; for any offense punishable by [imprisonment for] life imprisonment, fifteen jurors; for any offense the punishment for which may be imprisonment for more than one year and for less than life, six jurors; and for any other offense, three jurors. In any criminal trial in which the accused is charged with more than one count on the information or where there is more than one information, the number of challenges is determined by the count carrying the highest maximum punishment. The state, on the trial of any criminal prosecution, may challenge peremptorily the same number of jurors as the accused.
262+The accused may challenge peremptorily, in any criminal trial before the Superior Court for any offense punishable by [death] life imprisonment without the possibility of release, twenty-five jurors; for any offense punishable by [imprisonment for] life imprisonment, fifteen jurors; for any offense the punishment for which may be imprisonment for more than one year and for less than life, six jurors; and for any other offense, three jurors. In any criminal trial in which the accused is charged with more than one count on the information or where there is more than one information, the number of challenges is determined by the count carrying the highest maximum punishment. The state, on the trial of any criminal prosecution, may challenge peremptorily the same number of jurors as the accused.
139263
140-Sec. 28. Subsection (a) of section 54-82h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
264+Sec. 40. Subsection (a) of section 54-82h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
141265
142-(a) In any criminal prosecution to be tried to the jury in the Superior Court if it appears to the court that the trial is likely to be protracted, the court may, in its discretion, direct that, after a jury has been selected, two or more additional jurors shall be added to the jury panel, to be known as "alternate jurors". Such alternate jurors shall have the same qualifications and be selected and subject to examination and challenge in the same manner and to the same extent as the jurors constituting the regular panel, provided, in any case when the court directs the selection of alternate jurors, the number of peremptory challenges allowed shall be as follows: In any criminal prosecution the state and the accused may each peremptorily challenge thirty jurors if the offense for which the accused is arraigned is punishable by death or life imprisonment without the possibility of release, eighteen jurors if the offense is punishable by life imprisonment, eight jurors if the offense is punishable by imprisonment for more than one year and for less than life, and four jurors in any other case.
266+(a) In any criminal prosecution to be tried to the jury in the Superior Court if it appears to the court that the trial is likely to be protracted, the court may, in its discretion, direct that, after a jury has been selected, two or more additional jurors shall be added to the jury panel, to be known as "alternate jurors". Such alternate jurors shall have the same qualifications and be selected and subject to examination and challenge in the same manner and to the same extent as the jurors constituting the regular panel, provided, in any case when the court directs the selection of alternate jurors, the number of peremptory challenges allowed shall be as follows: In any criminal prosecution the state and the accused may each peremptorily challenge thirty jurors if the offense for which the accused is arraigned is punishable by [death] life imprisonment without the possibility of release, eighteen jurors if the offense is punishable by life imprisonment, eight jurors if the offense is punishable by imprisonment for more than one year and for less than life, and four jurors in any other case.
143267
144-Sec. 29. Section 54-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
268+Sec. 41. Section 54-82j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
145269
146-No person may be convicted of any crime punishable by death or life imprisonment without the possibility of release without the testimony of at least two witnesses, or that which is equivalent thereto.
270+Upon the written complaint of any state's attorney addressed to the clerk of the superior court for the judicial district wherein such state's attorney resides, alleging (1) that a person named therein is or will be a material witness in a criminal proceeding then pending before or returnable to the superior court for such judicial district, and in which proceeding any person is or may be charged with an offense punishable by [death or] imprisonment for more than one year, and (2) that the state's attorney believes that such witness is likely to disappear from the state, secrete himself or herself or otherwise avoid the service of subpoena upon him or her, or refuse or fail to appear and attend in and before such superior court as a witness, when desired, the clerk or any assistant clerk of the court shall issue a warrant addressed to any proper officer or indifferent person, for the arrest of the person named as a witness, and directing that such person be forthwith brought before any judge of the superior court for such judicial district, for examination. The person serving the warrant shall bring the person so arrested before the judge for examination as soon as is reasonably possible and hold [him] such arrested person subject to the further orders of the judge. The person serving the warrant shall also notify the state's attorney of such arrest and of the time and place of such examination.
147271
148-Sec. 30. Subsection (a) of section 54-91a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
272+Sec. 42. Section 54-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
273+
274+No person may be convicted of any crime punishable by [death] life imprisonment without the possibility of release without the testimony of at least two witnesses, or that which is equivalent thereto.
275+
276+Sec. 43. Subsection (a) of section 54-91a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
149277
150278 (a) No defendant convicted of a crime, other than a capital felony under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section, the punishment for which may include imprisonment for more than one year, may be sentenced, or the defendant's case otherwise disposed of, until a written report of investigation by a probation officer has been presented to and considered by the court, if the defendant is so convicted for the first time in this state; but any court may, in its discretion, order a presentence investigation for a defendant convicted of any crime or offense other than a capital felony under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section.
151279
152-Sec. 31. Subsection (b) of section 54-102jj of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
280+Sec. 44. Section 54-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
281+
282+(a) Any defendant in a criminal prosecution, aggrieved by any decision of the Superior Court, upon the trial thereof, or by any error apparent upon the record of such prosecution, may be relieved by appeal, petition for a new trial or writ of error, in the same manner and with the same effect as in civil actions. No appeal may be taken from a judgment denying a petition for a new trial unless, within ten days after the judgment is rendered, the judge who heard the case or a judge of the Supreme Court or the Appellate Court, as the case may be, certifies that a question is involved in the decision which ought to be reviewed by the Supreme Court or by the Appellate Court. It shall be sufficient service of any such writ of error or petition for a new trial to serve it upon the state's attorney for the judicial district where it is brought.
283+
284+(b) When such defendant is convicted and sentenced to a term of imprisonment and, within two weeks after final judgment, files with the clerk of the court wherein the conviction was had an appeal to the Supreme Court or gives oral or written notice of his intention to appeal to said court or to petition for a new trial, the appeal or the notice shall operate as a stay of execution pending the final determination of the case, provided the defendant is admitted to bail, except the appeal or the notice shall not operate as a stay of execution, if within five days after the filing of the appeal or notice thereof, the judge before whom the criminal prosecution was tried directs in writing that the appeal or the notice shall not operate as a stay of execution. Such order shall be accompanied by a written statement of the judge's reasons for denying the stay of execution. The order and the statement shall become a part of the files and record of the case. If any defendant has been admitted to bail following an oral or written notice of intent to appeal or petition for a new trial and such defendant has failed, within twenty days after the judgment from which the appeal is to be taken, or such further period as the court may grant, to perfect the appeal or petition, a mittimus for his arrest shall issue. If any defendant is imprisoned after sentencing and before he is admitted to bail, such period of imprisonment shall be counted toward satisfaction of his sentence. If any defendant is admitted to bail and subsequently surrendered and remitted to custody while his appeal is pending, the period of imprisonment following thereafter shall be counted toward satisfaction of his sentence.
285+
286+[(c) In any criminal prosecution in which the defendant has been sentenced to death and has taken an appeal to the Supreme Court of this state or the Supreme Court of the United States or brought a writ of error, writ of certiorari or petition for a new trial, the taking of the appeal, the making of the application for a writ of certiorari or the return into court of the writ of error or petition for a new trial shall, unless, upon application by the state's attorney and after hearing, the Supreme Court otherwise orders, stay the execution of the death penalty until the clerk of the court where the trial was had has received notification of the termination of any such proceeding by decision or otherwise, and for thirty days thereafter. No appellate procedure shall be deemed to have terminated until the end of the period allowed by law for the filing of a motion for reargument, or, if such motion is filed, until the proceedings consequent thereon are finally determined. When execution is stayed under the provisions of this section, the clerk of the court shall forthwith give notice thereof to the warden of the institution in which such defendant is in custody. If the original judgment of conviction has been affirmed or remains in full force at the time when the clerk has received the notification of the termination of any proceedings by appeal, writ of certiorari, writ of error or petition for a new trial, and the day designated for the infliction of the death penalty has then passed or will pass within thirty days thereafter, the defendant shall, within said period of thirty days, upon an order of the court in which the judgment was rendered at a regular or special criminal session thereof, be presented before said court by the warden of the institution in which the defendant is in custody or his deputy, and the court, with the judge assigned to hold the session presiding, shall thereupon designate a day for the infliction of the death penalty and the clerk of the court shall issue a warrant of execution, reciting therein the original judgment, the fact of the stay of execution and the final order of the court, which warrant shall be forthwith served upon the warden or his deputy.]
287+
288+Sec. 45. Subsection (b) of section 54-102jj of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
153289
154290 (b) Upon the conviction of a person of a capital felony under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section or the conviction of a person of a crime after trial, or upon order of the court for good cause shown, the state police, all local police departments, any agent of the state police or a local police department and any other person to whom biological evidence has been transferred shall preserve all biological evidence acquired during the course of the investigation of such crime for the term of such person's incarceration.
155291
156-Sec. 32. Subsection (b) of section 54-125a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
292+Sec. 46. Subsection (b) of section 54-125a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
157293
158-(b) (1) No person convicted of any of the following offenses, which was committed on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section: Capital felony, as provided in section 53a-54b in effect prior to the effective date of this section, or murder with special circumstances, as provided in section 53a-54b, as amended by this act, in effect on or after the effective date of this section, felony murder, as provided in section 53a-54c, arson murder, as provided in section 53a-54d, murder, as provided in section 53a-54a, as amended by this act, or aggravated sexual assault in the first degree, as provided in section 53a-70a. (2) A person convicted of (A) a violation of section 53a-100aa or 53a-102, or (B) an offense, other than an offense specified in subdivision (1) of this subsection, where the underlying facts and circumstances of the offense involve the use, attempted use or threatened use of physical force against another person shall be ineligible for parole under subsection (a) of this section until such person has served not less than eighty-five per cent of the definite sentence imposed.
294+(b) (1) No person convicted of any of the following offenses, which was committed on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section: Capital felony, as provided in section 53a-54b, in effect prior to the effective date of this section, or murder with special circumstances, as provided in section 53a-54b, as amended by this act, in effect on or after the effective date of this section, felony murder, as provided in section 53a-54c, arson murder, as provided in section 53a-54d, murder, as provided in section 53a-54a, as amended by this act, or aggravated sexual assault in the first degree, as provided in section 53a-70a. (2) A person convicted of (A) a violation of section 53a-100aa or 53a-102, or (B) an offense, other than an offense specified in subdivision (1) of this subsection, where the underlying facts and circumstances of the offense involve the use, attempted use or threatened use of physical force against another person shall be ineligible for parole under subsection (a) of this section until such person has served not less than eighty-five per cent of the definite sentence imposed.
159295
160-Sec. 33. Subsection (d) of section 54-125d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
296+Sec. 47. Subsection (d) of section 54-125d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
161297
162298 (d) Notwithstanding any provision of the general statutes, a sentencing court may refer any person convicted of an offense other than a capital felony under section 53a-54b in effect prior to the effective date of this section or a class A felony who is an alien to the Board of Pardons and Paroles for deportation under this section.
163299
164-Sec. 34. Section 54-131b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
300+Sec. 48. Subsection (a) of section 54-130a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
165301
166-The Board of Pardons and Paroles may release on medical parole any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony [as defined in] under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section, who has been diagnosed pursuant to section 54-131c as suffering from a terminal condition, disease or syndrome, and is so debilitated or incapacitated by such condition, disease or syndrome as to be physically incapable of presenting a danger to society. Notwithstanding any provision of the general statutes to the contrary, the Board of Pardons and Paroles may release such inmate at any time during the term of [his] such inmate's sentence.
302+(a) Jurisdiction over the granting of, and the authority to grant, commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state [and commutations from the penalty of death] shall be vested in the Board of Pardons and Paroles.
167303
168-Sec. 35. Subsection (a) of section 54-131k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
304+Sec. 49. Section 54-130d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
305+
306+(a) For the purposes of this section, "victim" means a person who is a victim of a crime, the legal representative of such person or a member of a deceased victim's immediate family.
307+
308+(b) At a session held by the Board of Pardons and Paroles to consider whether to grant a commutation of punishment or release, conditioned or absolute, [a commutation from the penalty of death] or a pardon, conditioned or absolute, to any person convicted of any crime, the board shall permit any victim of the crime for which the person was convicted to appear before the board for the purpose of making a statement for the record concerning whether the convicted person should be granted such commutation, release or pardon. In lieu of such appearance, the victim may submit a written statement to the board and the board shall make such statement a part of the record at the session.
309+
310+(c) If the Board of Pardons and Paroles is prepared to grant a commutation of punishment or release, conditioned or absolute, [a commutation from the penalty of death] or a pardon, conditioned or absolute, to a person convicted of an offense involving the use, attempted use or threatened use of physical force against another person or resulting in the physical injury, serious physical injury or death of another person, it shall make reasonable efforts to locate and notify any victim of the crime for which such person was convicted prior to granting such commutation, release or pardon and shall permit such victim to appear before the board and make a statement or submit a statement as provided in subsection (b) of this section.
311+
312+(d) Upon the granting to any person of a commutation of punishment or release, conditioned or absolute, [a commutation from the penalty of death] or a pardon, conditioned or absolute, the Board of Pardons and Paroles shall forthwith notify the Office of Victim Services of its action.
313+
314+Sec. 50. Section 54-131b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
315+
316+The Board of Pardons and Paroles may release on medical parole any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony [as defined in] under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section, who has been diagnosed pursuant to section 54-131c as suffering from a terminal condition, disease or syndrome, and is so debilitated or incapacitated by such condition, disease or syndrome as to be physically incapable of presenting a danger to society. Notwithstanding any provision of the general statutes to the contrary, the Board of Pardons and Paroles may release such inmate at any time during the term of his sentence.
317+
318+Sec. 51. Subsection (a) of section 54-131k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
169319
170320 (a) The Board of Pardons and Paroles may grant a compassionate parole release to any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony [, as defined in] under section 53a-54b in effect prior to the effective date of this section or murder with special circumstances under section 53a-54b, as amended by this act, in effect on or after the effective date of this section, if it finds that such inmate (1) is so physically or mentally debilitated, incapacitated or infirm as a result of advanced age or as a result of a condition, disease or syndrome that is not terminal as to be physically incapable of presenting a danger to society, and (2) (A) has served not less than one-half of such inmate's definite or aggregate sentence, or (B) has served not less than one-half of such inmate's remaining definite or aggregate sentence after commutation of the original sentence by the Board of Pardons and Paroles.
171321
172-Sec. 36. Subsection (a) of section 54-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
322+Sec. 52. Section 54-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
323+
324+The support of prisoners in community correctional centers [,] or sentenced to a correctional institution [, or sentenced to death,] shall be paid by the state.
325+
326+Sec. 53. Subsection (a) of section 54-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
173327
174328 (a) There shall be no limitation of time within which a person may be prosecuted for (1) a capital felony under section 53a-54b in effect prior to the effective date of this section, a class A felony or a violation of section 53a-54d or 53a-169, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminal assistance to another person who has committed an offense set forth in subdivision (1) of this subsection, or (3) a violation of section 53a-156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted.
329+
330+Sec. 54. Sections 18-10a, 53a-46a, 53a-46b, 53a-46c, 53a-46d, 54-99, 54-100, 54-100a, 54-101 and 54-102 of the general statutes are repealed. (Effective from passage)
175331
176332
177333
178334
179335 This act shall take effect as follows and shall amend the following sections:
180-Section 1 from passage and applicable to crimes committed on or after said date 53a-54b
181-Sec. 2 from passage 53a-35a
182-Sec. 3 from passage 53a-35b
183-Sec. 4 from passage 53a-45(a)
184-Sec. 5 from passage 53a-46a(a)
185-Sec. 6 from passage 53a-46b(a)
186-Sec. 7 from passage 53a-54a(c)
187-Sec. 8 from passage 10-145b(j)(2)
188-Sec. 9 from passage 10-145i
336+Section 1 from passage New section
337+Sec. 2 from passage 53a-54b
338+Sec. 3 from passage 53a-35a
339+Sec. 4 from passage 53a-35b
340+Sec. 5 from passage 53a-45(a)
341+Sec. 6 from passage 53a-54a(c)
342+Sec. 7 from passage 10-145b(j)(2)
343+Sec. 8 from passage 10-145i
344+Sec. 9 from passage 45a-318(f)
189345 Sec. 10 from passage 46b-127(a)
190346 Sec. 11 from passage 46b-133(a)
191-Sec. 12 from passage 51-36(c)
192-Sec. 13 from passage 51-199(b)
193-Sec. 14 from passage 51-246
194-Sec. 15 from passage 51-286c
195-Sec. 16 from passage 52-434(a)(1)
196-Sec. 17 from passage 53a-25(b)
197-Sec. 18 from passage 53a-30(a)
198-Sec. 19 from passage 53a-39a(a)
199-Sec. 20 from passage 53a-40d(a)
200-Sec. 21 from passage 53a-46d
201-Sec. 22 from passage 53a-182b(a)
202-Sec. 23 from passage 53a-217d(a)
203-Sec. 24 from passage 54-2a(b)
204-Sec. 25 from passage 54-46a(a)
205-Sec. 26 from passage 54-82
206-Sec. 27 from passage 54-82g
207-Sec. 28 from passage 54-82h(a)
208-Sec. 29 from passage 54-83
209-Sec. 30 from passage 54-91a(a)
210-Sec. 31 from passage 54-102jj(b)
211-Sec. 32 from passage 54-125a(b)
212-Sec. 33 from passage 54-125d(d)
213-Sec. 34 from passage 54-131b
214-Sec. 35 from passage 54-131k(a)
215-Sec. 36 from passage 54-193(a)
347+Sec. 12 from passage 51-10c(b)
348+Sec. 13 from passage 51-36(c)
349+Sec. 14 from passage 51-199(b)
350+Sec. 15 from passage 51-246
351+Sec. 16 from passage 51-286c
352+Sec. 17 from passage 52-434(a)(1)
353+Sec. 18 from passage 53-202b
354+Sec. 19 from passage 53-202c
355+Sec. 20 from passage 53-202f(c) and (d)
356+Sec. 21 from passage 53-202g(a)
357+Sec. 22 from passage 53-202i
358+Sec. 23 from passage 53a-25(b)
359+Sec. 24 from passage 53a-28(b)
360+Sec. 25 from passage 53a-30(a)
361+Sec. 26 from passage 53a-35(b)
362+Sec. 27 from passage 53a-39a(a)
363+Sec. 28 from passage 53a-40d(a)
364+Sec. 29 from passage 53a-182b(a)
365+Sec. 30 from passage 53a-217d(a)
366+Sec. 31 from passage 54-2a(b)
367+Sec. 32 from passage 54-45(b)
368+Sec. 33 from passage 54-46
369+Sec. 34 from passage 54-46a(a)
370+Sec. 35 from passage 54-48
371+Sec. 36 from passage 54-53
372+Sec. 37 from passage 54-53a(a)
373+Sec. 38 from passage 54-82
374+Sec. 39 from passage 54-82g
375+Sec. 40 from passage 54-82h(a)
376+Sec. 41 from passage 54-82j
377+Sec. 42 from passage 54-83
378+Sec. 43 from passage 54-91a(a)
379+Sec. 44 from passage 54-95
380+Sec. 45 from passage 54-102jj(b)
381+Sec. 46 from passage 54-125a(b)
382+Sec. 47 from passage 54-125d(d)
383+Sec. 48 from passage 54-130a(a)
384+Sec. 49 from passage 54-130d
385+Sec. 50 from passage 54-131b
386+Sec. 51 from passage 54-131k(a)
387+Sec. 52 from passage 54-148
388+Sec. 53 from passage 54-193(a)
389+Sec. 54 from passage Repealer section
216390
217391 This act shall take effect as follows and shall amend the following sections:
218392
219393 Section 1
220394
221-from passage and applicable to crimes committed on or after said date
395+from passage
222396
223-53a-54b
397+New section
224398
225399 Sec. 2
226400
227401 from passage
228402
229-53a-35a
403+53a-54b
230404
231405 Sec. 3
232406
233407 from passage
234408
235-53a-35b
409+53a-35a
236410
237411 Sec. 4
238412
239413 from passage
240414
241-53a-45(a)
415+53a-35b
242416
243417 Sec. 5
244418
245419 from passage
246420
247-53a-46a(a)
421+53a-45(a)
248422
249423 Sec. 6
250424
251425 from passage
252426
253-53a-46b(a)
427+53a-54a(c)
254428
255429 Sec. 7
256430
257431 from passage
258432
259-53a-54a(c)
433+10-145b(j)(2)
260434
261435 Sec. 8
262436
263437 from passage
264438
265-10-145b(j)(2)
439+10-145i
266440
267441 Sec. 9
268442
269443 from passage
270444
271-10-145i
445+45a-318(f)
272446
273447 Sec. 10
274448
275449 from passage
276450
277451 46b-127(a)
278452
279453 Sec. 11
280454
281455 from passage
282456
283457 46b-133(a)
284458
285459 Sec. 12
286460
287461 from passage
288462
289-51-36(c)
463+51-10c(b)
290464
291465 Sec. 13
292466
293467 from passage
294468
295-51-199(b)
469+51-36(c)
296470
297471 Sec. 14
298472
299473 from passage
300474
301-51-246
475+51-199(b)
302476
303477 Sec. 15
304478
305479 from passage
306480
307-51-286c
481+51-246
308482
309483 Sec. 16
310484
311485 from passage
312486
313-52-434(a)(1)
487+51-286c
314488
315489 Sec. 17
316490
317491 from passage
318492
319-53a-25(b)
493+52-434(a)(1)
320494
321495 Sec. 18
322496
323497 from passage
324498
325-53a-30(a)
499+53-202b
326500
327501 Sec. 19
328502
329503 from passage
330504
331-53a-39a(a)
505+53-202c
332506
333507 Sec. 20
334508
335509 from passage
336510
337-53a-40d(a)
511+53-202f(c) and (d)
338512
339513 Sec. 21
340514
341515 from passage
342516
343-53a-46d
517+53-202g(a)
344518
345519 Sec. 22
346520
347521 from passage
348522
349-53a-182b(a)
523+53-202i
350524
351525 Sec. 23
352526
353527 from passage
354528
355-53a-217d(a)
529+53a-25(b)
356530
357531 Sec. 24
358532
359533 from passage
360534
361-54-2a(b)
535+53a-28(b)
362536
363537 Sec. 25
364538
365539 from passage
366540
367-54-46a(a)
541+53a-30(a)
368542
369543 Sec. 26
370544
371545 from passage
372546
373-54-82
547+53a-35(b)
374548
375549 Sec. 27
376550
377551 from passage
378552
379-54-82g
553+53a-39a(a)
380554
381555 Sec. 28
382556
383557 from passage
384558
385-54-82h(a)
559+53a-40d(a)
386560
387561 Sec. 29
388562
389563 from passage
390564
391-54-83
565+53a-182b(a)
392566
393567 Sec. 30
394568
395569 from passage
396570
397-54-91a(a)
571+53a-217d(a)
398572
399573 Sec. 31
400574
401575 from passage
402576
403-54-102jj(b)
577+54-2a(b)
404578
405579 Sec. 32
406580
407581 from passage
408582
409-54-125a(b)
583+54-45(b)
410584
411585 Sec. 33
412586
413587 from passage
414588
415-54-125d(d)
589+54-46
416590
417591 Sec. 34
418592
419593 from passage
420594
421-54-131b
595+54-46a(a)
422596
423597 Sec. 35
424598
425599 from passage
426600
427-54-131k(a)
601+54-48
428602
429603 Sec. 36
430604
431605 from passage
432606
607+54-53
608+
609+Sec. 37
610+
611+from passage
612+
613+54-53a(a)
614+
615+Sec. 38
616+
617+from passage
618+
619+54-82
620+
621+Sec. 39
622+
623+from passage
624+
625+54-82g
626+
627+Sec. 40
628+
629+from passage
630+
631+54-82h(a)
632+
633+Sec. 41
634+
635+from passage
636+
637+54-82j
638+
639+Sec. 42
640+
641+from passage
642+
643+54-83
644+
645+Sec. 43
646+
647+from passage
648+
649+54-91a(a)
650+
651+Sec. 44
652+
653+from passage
654+
655+54-95
656+
657+Sec. 45
658+
659+from passage
660+
661+54-102jj(b)
662+
663+Sec. 46
664+
665+from passage
666+
667+54-125a(b)
668+
669+Sec. 47
670+
671+from passage
672+
673+54-125d(d)
674+
675+Sec. 48
676+
677+from passage
678+
679+54-130a(a)
680+
681+Sec. 49
682+
683+from passage
684+
685+54-130d
686+
687+Sec. 50
688+
689+from passage
690+
691+54-131b
692+
693+Sec. 51
694+
695+from passage
696+
697+54-131k(a)
698+
699+Sec. 52
700+
701+from passage
702+
703+54-148
704+
705+Sec. 53
706+
707+from passage
708+
433709 54-193(a)
434710
711+Sec. 54
435712
713+from passage
436714
437-JUD Joint Favorable Subst.
715+Repealer section
438716
439-JUD
717+Statement of Purpose:
440718
441-Joint Favorable Subst.
719+To repeal the death penalty and substitute life imprisonment without the possibility of release as the authorized sentence for persons convicted of certain murders.
720+
721+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]